Probate & Estate

Probate & EstateWhite Plains Mt Kisco Probate & Estate

New York Probate Proceeding

Probate is the process where a will is proven to be valid. The courts examine the will to ensure its validity. Once declared valid, the court appoints the person named in the will as the executor and grants that person "Letters Testamentary", which give the executor the legal right to:

•  Gather and collect estate assets
•  Pay Debts
•  Pay Estate Taxes
•  Distribute any remaining assets to beneficiaries according to the will

The goal of probate is to have the will declared valid and move on to the closing of the estate. A probate petition must be filed with the Surrogate's Court.

New York Estate Administration Proceeding

If the validity of a will is not established or a person dies without a will, the courts will appoint a relative of the decedent to serve as Administrator of the estate. In terms of heirs, the New York laws of intestate succession will apply and the Administrator will refer to those laws in identifying the decedent's heirs.

All personal representatives, whether executors or administrators, are held personally liable for tax obligations and asset distribution, so it is extremely important to consult with an experienced attorney who can ensure you are in compliance with the decedent's wishes and the law.

Probate and Estate Administration Proceedings can often be a complicated process. The executor has a duty to act within a reasonable period of time. At Shamberg Marwell Hollis Andreycak & Laidlaw, P.C., we have years of experience working with the New York State probate laws. Taking the time to explain probate to our clients, we can help ensure that clients' interests are protected and that they understand exactly what happens during probate administration and how it affects the estate in question.

Please call us today to schedule a free initial consultation.